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Can I Get Remarried After Getting Divorced in Wisconsin?

 Posted on August 06, 2020 in Divorce

Milwaukee, WI divorce attorney

By Attorney Max Stephenson

Although studies show that approximately 40 to 50 percent of all U.S. marriages end in divorce, 70 percent of those spouses who get a divorce end up remarrying later in life. A second marriage can bring much happiness and a new lease on life for those people whose first unions did not work out. However, to avoid rushing into a second marriage shortly after a divorce, some states have a mandatory waiting period. Be sure to brush up on your state’s guidelines and contact an experienced divorce attorney before considering remarriage.

Mandatory Waiting Period

Wisconsin, along with Oklahoma, Nebraska, Alabama, Kansas, and Texas, is one of the few states that require a waiting period to remarry after a divorce. According to Statute 765.03, individuals who are divorced in Wisconsin must wait at least six months before getting remarried. 

This law applies to:

  • Those who have divorced in Wisconsin.

  • Those who divorced in another state but wish to remarry in Wisconsin.

  • Those who divorced in a different country but would like to get remarried in Wisconsin.

Following the divorce, both individuals will sign a legal acknowledgment document stating that they will adhere to the law. The penalties for disobeying the waiting period constraint include up to $10,000 in fines and/or nine months in jail.

Considerations Before Remarrying

The mandatory waiting period in Wisconsin is not the only thing that should be taken into consideration before remarrying. Be sure to keep these other factors in mind:

  • Consider your children. Oftentimes, it will be stipulated in your custody/placement arrangement that you will not introduce your children to any new significant others for a period of time. Even if you do not have this language in your agreement, you should be considerate of your children when introducing a new partner following your divorce.  Once your children meet your new partner, allow an ample amount of time for them to get to know one another before you make any decisions about getting married.

  • Avoid bad-mouthing your ex-spouse. Whether you have children or not, it is not a good idea to talk negatively about your former spouse, especially online or in public. Instead of continuing to dwell on the past, reassure yourself that your new relationship will be nothing like your old one and look forward to moving on.

  • Consult with your attorney. Although your attorney is not a member of your family, he or she knows what can benefit you legally. He or she will work alongside you to guarantee your family dynamic is not interrupted while working out the necessary legal details.

Contact a Milwaukee, WI Divorce Lawyer 

If you have any questions about your legal rights regarding your divorce or remarriage, contact a qualified and dedicated Milwaukee, WI divorce attorney from Gimbel, Reilly, Guerin & Brown, LLP. Not every divorce may affect a remarriage, but in the event yours does, we will help you understand and explore all of your options. Our experienced legal team is more than willing to discuss your case. Call our office today at 414-271-1440 to schedule a free family law consultation.



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